Power of Attorney Lawyer in Westfield & Bloomington

Power of Attorney · Indiana

Power of Attorney in Indiana

A power of attorney is one of the most important tools in your Indiana estate plan. Without one, if you become incapacitated, a family member or friend would have to seek a court-ordered Guardianship just to manage your finances or healthcare decisions. At Webster & Garino LLC, we help individuals and families throughout Hamilton, Marion, and Boone Counties — including Westfield, Indianapolis, Carmel, and Noblesville — create thorough powers of attorney that protect their interests and communicate their wishes clearly.

Whether an estate is straightforward or contested, our team provides knowledgeable legal guidance at every step.

We serve families throughout Hamilton, Marion, and Boone Counties, including Westfield, Indianapolis, Carmel, Noblesville, and surrounding communities.

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or call (317) 565-1818

WHO WE HELP

Who Benefits from a Trust

Probate affects anyone connected to a deceased person’s estate, from executors and personal representatives to beneficiaries and surviving family members. Our attorneys work with clients at every stage of the process.

The executor or personal representative named in a will who must administer the estate, pay debts, and distribute assets to beneficiaries
A surviving spouse or adult child who needs to understand their legal rights in an estate — whether or not a valid will exists
A beneficiary or heir who wants to ensure the estate is being properly managed and that their interests are protected

A family member dealing with a small estate that may qualify for simplified probate proceedings under Indiana law
Someone facing a contested probate — including will disputes, creditor claims, or disagreements among beneficiaries
An individual seeking to plan ahead and minimize or avoid probate for their own estate planning

A clear plan can protect your loved one’s eligibility for essential benefits while giving your family confidence about the future. Our attorneys are ready to help you put the right structure in place, no matter where you are in the planning process.

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Why a Trust May Be Right for You

Without a trust, your estate may pass through probate — a public, court-supervised process that can take months or years and reduce what your beneficiaries receive. A properly funded trust keeps your assets private, bypasses probate entirely, and gives you control over exactly how and when your assets are distributed.

UNDERSTANDING YOUR OPTIONS

What Is a Trust?

Probate is the court-supervised process of settling a deceased person’s estate. It involves validating a will (if one exists), appointing a personal representative, inventorying assets, paying debts and taxes, and distributing assets to beneficiaries, all overseen by Indiana county probate courts.

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Revocable Living Trusts

Funded with the beneficiary’s own assets such as a personal injury settlement. Must include a government benefit programs payback provision under 42 U.S.C. §1396p(d)(4)(A).

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Irrevocable Trusts

The most common form in Indiana. The personal representative manages the estate with minimal court involvement following Indiana Code. Faster and less costly when all parties cooperate.

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Special Needs Trusts

For estates under Indiana’s statutory threshold, a simplified affidavit process may transfer assets without full probate. Our attorneys determine whether your estate qualifies for this streamlined approach.

HOW WEBSTER & GARINO HELPS

A Complete Approach to Trust Planning

We guide personal representatives and families through every phase of probate, from the initial court filing to the final distribution of assets.

Trust Drafting & Formation

We handle all initial court filings, including the petition to open probate, the appointment of the personal representative, and the filing of the will with the county court.

Trust Funding Guidance

We assist personal representatives in identifying, cataloging, and valuing all estate assets — including real estate, bank accounts, investments, and personal property.

Trustee Guidance & Administration

We manage the creditor notification process, evaluate the validity of claims, and advise on the proper order of payment to protect the estate and the personal representative from liability.

Distribution to Beneficiaries

Once debts are settled, we guide the personal representative through the proper distribution of assets to heirs and beneficiaries — per the will or Indiana intestacy law.

Trust Modifications & Amendments

When beneficiaries disagree or a will is challenged, our attorneys represent clients in contested probate proceedings, protecting your interests and working toward resolution.

Coordination with Your Will & Estate Plan

We prepare the final accounting for court approval and handle the formal closing of the estate — ensuring all legal requirements are met and the personal representative is properly discharged.

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INDIANA LAW & LOCAL EXPERIENCE

Trust Law in Indiana

Indiana trusts are governed by the Indiana Trust Code (IC 30-4). Our attorneys stay current on Indiana’s requirements for trust formation, funding, modification, and administration — including rules that govern trustee duties, beneficiary rights, and dispute resolution. We help you create a trust that fully complies with Indiana law and holds up over time.

We serve clients throughout Central Indiana: Westfield, Indianapolis, Carmel, Noblesville, Zionsville, and Fishers.

Indiana estate planning attorneys at Webster and Garino

FREQUENTLY ASKED QUESTIONS

Common Questions About Trusts in Indiana

We know you have questions. Here are answers to the most common concerns Indiana families bring to our office about estate or trusts.

What is a power of attorney?

A power of attorney is a document that lets you name an agent to handle financial, property and business matters if you are unable to handle them yourself.

What is the difference between a durable and a springing power of attorney?

A durable power of attorney stays in effect if you become incapacitated. A springing power of attorney takes effect only after a physician certifies incapacity, which can delay your agent at the moment help is needed most.

Does a power of attorney cover medical decisions in Indiana?

No. Health care decisions are handled through a health care representative appointment and a living will, which we prepare alongside your financial power of attorney.

When does a power of attorney end?

It ends when you revoke it, when the document says it ends, or at your death. After death the personal representative named in your will takes over.

Can my agent be held accountable?

Yes. An Indiana agent is a fiduciary who must act in your interest, keep clear records and avoid self dealing. Interested parties can ask a court to review what the agent has done and order a full accounting.

What happens if I do not have a power of attorney?

Your family may have to open a guardianship, which is public, slower and far more expensive than the document you could sign today.

Let’s Guide Your Family Through the Probate Process

Probate doesn’t have to be overwhelming. Our experienced Indiana probate attorneys are ready to guide you step by step — with clear communication and trusted legal advice throughout.

Serving Hamilton County · Marion County · Boone County · Westfield · Indianapolis · Carmel · Noblesville · Zionsville · Fishers · Cicero